Discretionary Trust - UPDATE

[Lucky4Seven]

So, my solicitors have been trying since end of February this year to get the Trust Accounts.

So far, the Trustees have not complied.

Counsel instructions were sent off on the 9th June.

They have 28 days to comply for the Accounts ie in a letter from their solicitor received end of May.

Can I please ask, because the Trustees have refused since my mother's death for me to see the Estate Accounts and Trust Accounts, can they be removed as Trustees?

Secondly they have been refusing for me to receive substantial distributions from the Trust, without giving a valid reason as to why.

Thirdly, I have no paperwork for the Trust only a copy of my mother's Will which states the Trust exists.

The Trustees have made claims I don't have a disability when they are aware I'm medically retired on health grounds, and made claims that my mother paid off past debts (I have asked for written proof of this, again no response).

Are there any case laws which I can look up please!?

[des8]

There is the Privy council case of 2007 Schmidt v Rosewood Trust Ltd concerning production of information by trustees.

Here you say you have no paperwork, but earlier you stated you had read the trust document which remained silent on the matter of removing the trustees.
If the deed is silent on that matter you may be able to appoint new trustees under sec 19 of the Trusts of Land and Appointment of Trustees Act 1996,


As an aside, could you please cease starting new threads about this matter, and just keep to the one?
It is easier to follow what is happening, less confusing if the whole case is in one place

[Lucky4Seven]

The Trustees are still refusing to give the Trust Accounts, I don't really know what to do.

My Solicitor is not listening to me when I asked for the Trust to be frozen.

An Annual Report has been provided by the FA but there is a concern.

There appears to be missing funds of £306,000 unaccounted for.

Its claiming there is only just over £193K, my brother paid £306,000 for our mother's house back in September last year, this money appears not to be accounted for in the Annual Report.

I am wondering if I should be putting in a complaint against the Financial Advisor for misshandling of funds, not providing the Trust Accounts. Am I right to think I should go to the Financial Ombudsman Service? Thanks, I'm very worried about this missing money.